Denver Police Department's Response to the Office of the Independent Monitor's Protest Report - KDVR.com
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FOR IMMEDIATE RELEASE
Media Relations Unit
Denver Police Department
Phone: 720-913-6028
Denver Police Department’s Response to the Office of the Independent
Monitor’s Protest Report
DENVER – Tuesday, December 08, 2020 – The Denver Police Department, starting in late May, has
responded to numerous large-scale demonstrations beyond anything our city has experienced in recent
decades, some of which, especially during the initial George Floyd protest activities, escalated into violence
and rioting resulting in immediate and significant public safety issues involving weapons and arson and
intentional violence directed at our officers and others that resulted in serious bodily injury and extensive
property damage. These circumstances were extraordinary, and extraordinary events can assist us in
identifying potential gaps or opportunities for improvement in policies, practices, training, and procedures. The
Denver Police Department is committed to learning from its response to the unprecedented protest activities
occurring not only in Denver but throughout the country and is adapting and implementing policy changes
based upon its review, as well as from the suggestions of outside agencies, including the Office of the
Independent Monitor (OIM).
Since the initial George Floyd protest response, DPD began its review of several issues that came to light during
our response to the protests and worked to swiftly implement changes. The Department began to implement
changes even before the release of the report by the Office of the Independent Monitor. Those changes include
the areas of: use and tracking of less-than-lethal munitions, processes for documenting the use-of-force during
a protest response, affixing body-worn cameras and officer identification to officers’ protective equipment,
improving dispersal orders, and addressing concerns related to our mutual aid partners. We recognize there is
still work to be done and we will continue to focus our efforts on implementing changes to improve upon
existing policies, training and procedures.
The Denver Police Department appreciates the review the OIM completed of its responses to the
unprecedented protest activity and is still in the process of considering issues and recommendations raised in
the report to determine what additional process and training improvements might be appropriate. As always,
the Department remains committed to making necessary changes to its policies, procedures and training to
ensure compliance with best practices and continues to be part of this national discussion with community,
city, and national leaders – helping to ensure the safety of participants, residents and responding officers while
addressing criminal activity and weapons-related issues.
DPD provides the following response to the OIM recommendations:
1. The OIM recommends that the DPD amend its Operations and Crowd Management Manuals to require
the creation of a log or tracking system for the distribution and deployment of all less-lethal munitions
during crowd control events. DPD response: AgreeDue to the unprecedented, large-scale, continuously evolving and violent nature of the initial
George Floyd Protest activity, the on-scene officers did not have the opportunity to account for all
of less-lethal munitions that were deployed due to the number of hours they were working and
the inability to take the time to complete full use of force reports before returning to duty. Having
the officers stop during the chaos and violence to complete a written report would have
jeopardized everyone’s safety and the hours the officers were required to work did not reasonably
permit a report to be completed at the end of such a lengthy shift. We provide this information
not to minimize the recommendation or the need for such documentation, but to merely clarify
what occurred. However, after the first few days of protest activity, recognizing the difficulty the
officers were having with completing use of force reports under such extenuating circumstances,
the DPD developed a system to document the distribution and use of all less lethal munitions and
continues to evaluate best practices moving forward. DPD also moved the less lethal coordinator
for the department to the Commander’s Office in the Special Operations Bureau.
With respect to this specific recommendation, DPD is currently working on revising its Operations
and Crowd Control Manuals, which will be completed by 01/31/2021, to further memorialize the
requirement of the creation of a log or tracking system for the distribution and deployment of all
less-lethal munitions during crowd control events.
2. The OIM recommends that the DPD amend its Crowd Management Manual to require the creation of
rosters of all officers who are assigned to crowd control events, and that the DPD ensure that such
rosters are created in the future. DPD response: Agree
Again, due to the unprecedented nature of the George Floyd protests, we learned that the existing
roster system did not function properly under such extraordinary circumstances. Instead, the
Department the quickly set up a centralized command post and immediately requested resources
as determined necessary to respond to the rapidly evolving activities. Since that time, the
Department has gone back and considered whether the digital employee staffing software it uses
to generate these lists is able to be effectively used should similar circumstances arise. We have
determined that it is. As a result, the Operations and Crowd Control Manuals will be amended
by 01/31/2021 to specifically require the creation of digital rosters of all officers who are assigned
to crowd control events and training will be provided to ensure rosters are kept at all times, even
during unanticipated and/or unprecedented circumstances.
3. The OIM recommends that the DPD amend its Operations and Crowd Management Manuals to require
that all sworn personnel working in the field during protest operations be required to wear body worn
cameras (BWCs), regardless of rank. Further, the OIM recommends that protest operations plans
assign a supervisor to conduct regular spot check comparisons between rosters and the BWC database
to identify any gaps in officer recording that must be addressed. DPD response: Agree
As a result of the initial George Floyd protest activities, in June 2020, DPD implemented a
requirement that all officers wear BWC when responding to protest activities, including command
staff, and BWC are required to be activated during confrontations with protestors. After
implementing this requirement, DPD learned that some of its officers had apparently lost or broken
equipment necessary to wear BWC on their uniforms. DPD has since corrected this issue and also
developed a check list for supervisors to use to ensure that the responsible supervisor and all
officers under their supervision are equipped with BWC, properly affixed to their uniforms prior to
being deployed to respond to protest activity.
The Operations Manual will also be amended by 01/31/2021 to further memorialize this
requirement. DPD will conduct a review following the end of the shift comparing officer rosters
and uploaded body worn camera videos.4. The OIM recommends that the DPD amend its Operations and Crowd Management Manuals to detail
the specific requirements for use of force reporting and review during crowd control operations. The
OIM also recommends that the DPD ensure that Use of Force Reports are promptly created by officers
and reviewed by supervisors and IAB during future crowd control events to identify possible
divergences from the Use of Force Policy. DPD response: Agree
The unprecedented circumstances and need for a large number of officers to work very long hours
in response to the protest activities interfered with the ability to get timely use of force reports
completed at the time the force was used. Requirements for use of force exist, but modifications
are sometimes necessary depending upon the circumstances.
DPD is considering what additional steps may be taken to ensure officers have the time to complete
use of force reports as soon as the circumstances reasonably permit and what steps may be taken
during unanticipated or unprecedented circumstances to get reports completed in a timely manner
as possible. Those additional steps will be reflected in the Operations Manual.
5. The OIM recommends that during future protest events, the DPD ensure that its supervisors routinely
issue multiple dispersal orders before using force to disperse crowds, when the time and circumstances
permit. DPD response: Agree to continue to adhere to requirements of Law Enforcement Integrity
Act, effective June 19, 2020.
DPD has consistently had a policy that required dispersal orders to be given prior to using force
during protest activities when time and circumstances permit. As of June 19, DPD amended its
policy to specifically reflect the language of the new Colorado law and provided training to its
officers to ensure they understood the requirements of the new law regarding responses to
protests or demonstration. DPD’s policy—as required by the new law—requires dispersal orders
to be given in a sufficient manner to ensure the order is heard and repeated, if necessary, followed
by sufficient time and space to allow compliance with the order.
6. The OIM recommends that the DPD ensure that crowd dispersal orders are consistently audio or video
recorded and documented in writing during future crowd control events. DPD response: Agree
Prior to the George Floyd protests, DPD policy provided that dispersal orders were to be recorded
when possible. In light of the requirements of the Law Enforcement Integrity Act, on June 19, DPD
also required that all dispersal orders be recorded.
7. The OIM recommends that the DPD ensure that all officers have their badges and badge numbers
prominently displayed and easily visible on the exterior of their uniforms or protective gear at all times
during future crowd control events. The OIM also recommends that supervisors should be required to
verify compliance for each member of the teams under their command. DPD response: Agree
All officers display their name and badge number on their uniforms per policy. However, the use
of protective gear by the officers unintentionally obscured this information. After recognizing this
issue, the Department ordered badge numbers and name plates for the protective gear. As of
November 25, 2020, all officers are able to display their names and badge numbers on their issued
protective gear.
8. The OIM recommends that the DPD ensure that only officers who have been trained and certified on
the use of pepperball and 40mm launchers be permitted to use them during future crowd control
events. The OIM also recommends that the DPD amend its Crowd Management Manual to specify that
only authorized officers will be allowed to use pepperball and 40mm launchers during crowd control
operations. DPD response: AgreeAs with all weapons DPD officers carry, officers are required to be trained and certified on the use
of such weapons, including pepperballs and 40mm launchers, prior to being authorized to use such
weapons. To the extent that there is reason to believe that a supervising officer authorized an
officer to use pepperballs or 40mm launchers without such training and certification or an on-duty
officer used a weapon for which he or she were not authorized to used, such incidents will be
thoroughly investigated and appropriate action will be taken in response based upon the
information obtained. DPD’s existing policy will also be referenced in its Crowd Management
Manual.
9. To enhance transparency, the OIM recommends that the DPD evaluate how to most effectively
operationalize each of the internal controls on the use of force discussed in this report and report back
to the public with an explanation of how they will be employed during future protests. DPD response:
Agree
The DPD is still in the process of reviewing the OIM report in detail and will create a pubic
dashboard documenting changes made and dates of completion.
10. The OIM recommends that the DPD disallow the use of rubber-ball grenades during crowd control
operations. The OIM further recommends that the DPD articulate clear and specific standards for when
rubber-ball grenades may be used, by whom, and when their use is prohibited in its Operations
Manual. DPD response: Agree
During the George Floyd protest activities, DPD examined the use of rubber-ball grenades to
determine whether such use should continue for purposes of crowd control. DPD reached the
conclusion the OIM now recommends. In fact, on May 30, DPD discontinued the use of the
grenades as part of its crowd control options. As a result, the Operations and Crowd Control
Manuals will be amended by 01/31/2021 to further memorialize this decision to prohibit the use
of rubber-ball grenades during crowd control operations. The Operations Manual will also be
amended to clarify the specific circumstances during which officers are authorized to use such
grenades for other purposes.
11. The OIM recommends that the DPD articulate clear and specific standards for when NFDDs may be
used, by whom, and when they are prohibited in its Operations Manual. DPD response: Agree
Only members of SWAT are trained on and authorized to use NFDDs. The training provided includes
specific standards for such use. Like the use of rubber-ball grenades, during the initial George Floyd
protest activities, DPD examined the continued use of NFDDs by SWAT members for purposes of
crowd control and determined on May 30th that NFDDs would no longer be used. With respect to
the OIM’s recommendation, DPD agrees that it would be beneficial to provide additional
clarification in its Operations and Crowd Control Manuals regarding the specific circumstances
under which SWAT is authorized to use NFDDs and when such use is prohibited. The Operations
and Crowd Control Manuals will be amended by 01/31/2021 for this purpose.
12. The OIM recommends that the DPD revise its standards for pepperball use during crowd control
situations to limit direct-fired applications to only circumstances in which a person is displaying active
aggression or aggravated active aggression. DPD response: Agree
DPD has considered this recommendation and agrees that making this specific change would be
appropriate in light of lessons learned from DPD’s response to the initial protest activities. The
Operations and Crowd Control Manuals will be amended by 01/31/2021 to authorized direct-fired
applications of pepperball during crowd control situations only in response to circumstances in
which a person is displaying active aggression or aggravated active aggression.13. The OIM recommends that the DPD develop mutual aid agreements with neighboring jurisdictions that
address potential crowd control assistance. These agreements should adhere to best practices,
including, but not limited to specifying the circumstances under which assistance may be requested
and provided, acceptable request methods, forms of assistance to be provided, and an agreed upon
command and control structure. DPD response: Agree
DPD previously had informal agreements with neighboring jurisdictions but learned from these
unprecedented protests that additional clarification regarding roles and response would be
appropriate to ensure all law enforcement understands expectations related to crowd control
response. The DPD will convene metro chiefs and sheriffs to discuss formalizing mutual aid
agreements by 02/28/2021.
14. The OIM recommends that during future mutual aid deployments in Denver, the DPD require its
Mutual Aid Partners to adhere to DPD’s Use of Force Policy, and to utilize only types of weapons and
munitions approved for use by the DPD. DPD response: Agree in part
As indicated in our prior response, the DPD will convene metro chiefs and sheriffs to discuss
formalizing mutual aid agreements by 02/28/2021. Colorado law has now clarified conduct in
response to protests and demonstrations and we believe that language—which all jurisdictions
must comply with—accomplishes what this recommendation is attempting to address.
15. The OIM recommends that the DPD seek to participate in periodic joint trainings and exercises with its
potential Mutual Aid Partners to ensure a unified and consistent response during future mutual aid
deployments in Denver. DPD response: Agree
DPD had planned on engaging in joint trainings and exercises with its potential Mutual Aid Partners
ahead of the 2020 general election, prior to the start of the pandemic. During the current
pandemic, it was not possible to schedule large, in-person trainings because of staffing and
financial constraints. As reflected in the report, the training prior to the DNC in 2008 was made
possible in part through a surge in hiring and the receipt of federal funds for multiagency
training As the public health landscape improves, DPD will work with our metro-area and federal
Mutual Aid Partners to improve future response by scheduling joint trainings and exercises, as the
Pandemic and other circumstances may permit, hopefully by the end of 2021.
16. The OIM recommends that the DPD convene internal stakeholders to evaluate possible operations
issues that arose during the GFP (George Floyd Protests) including but not limited to concerns raised
by some supervisors and officers; 1) that they received little guidance from an on-the-ground field
commander or Operations Chief conveying clear tactical and strategic objective; 2) that the single radio
channel used by all officers was often overcrowded and inaccessible for communication with the
Command Post; and 3) the DPD needs to substantially increase its investments in crowd control and
field force training to properly prepare officers for the possibility of other mass protest events in the
future. DPD response: Agree
DPD has been conducting internal reviews, debriefings and evaluations related to its response to
protest activities and how such response could be improved in the future. It will continue to do so
in light of the additional information reflected by the OIM report, including these three specific
issues identified by the OIM report. DPD will determine how to best communicate its
determinations once its internal evaluation is complete to ensure concerns raised by supervisors
and officers are appropriately responded to and additional guidance and training is provided, as
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